STATE OF KARNATAKA Vs. CHANNABASAPPA S O HANUMANTHAPPA

JUDGEMENT

(1.) This Criminal Petition is filed by the State u/S. 439(2), of the Code of Criminal Procedure praying to cancel the bail granted to the respondents in Criminal Miscellaneous Petition No. 56/1990 on the file of the Special Judge-cum-Sessions Judge, Bellary.

(2.) Ihave heard the learned High Court Government Pleader and the learned counsel for the respondents fully and perused the records of the case.

(3.) The facts leading to this petition are as follows: Bellary Rural Police station, Bellary has registered a case in Crime No. 98 of 1990 against the respondents for the offences punishable u/Ss. 143, 147, 148, 324, 435 read with S. 149 of the Indian Penal Code, on the allegation that on 29-04-1990 at about 5-30 p.m. Huts of Harijan colony at Sangankal village were set on fire when hundreds of persons indulged in arson and the complainant Bharmappa sustained injury as a result of assault by one Yerragudi Rajasekhar who hit him with but-end of an axe on his head when he pleaded not to set fire to his Hut and that one Pinjar Honnurappa hit him with a stone on his right side abdomen, when he was trying to remove the articles from his hut which was set ablaze. The Police investigated into the case and during investigation an old Harijan woman by name Huligamma aged about 70 years, found to have died as a result of burn injuries sustained in the incident in the Medical College Hospital, Bellary and therefore, S. 302 of the Indian Penal Code, and S. 3(2)(4) of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 came to be added to the case. The respondents filed an application u/ Ss. 437 and 439 of the Cr. P.C. for enlargement of their bail; that the Court of Sessions Judge, Bellary and the learned Civil Judge and JMFC, in-charge Sessions Judge, Bellary passed the impugned, order.